Niral D/O Karshanbhai Jamabhai ... vs Manoj Kumar Jivabhai Parmar
2023 Latest Caselaw 6838 Guj

                                                                               NEUTRAL CITATION




     C/MCA/924/2023                            ORDER DATED: 15/09/2023

                                                                               undefined




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

               R/MISC. CIVIL APPLICATION NO. 924 of 2023
==========================================================
NIRAL D/O KARSHANBHAI JAMABHAI SOLANKI AND W/O MANOJKUMAR
                      JIVABHAI PARMAR
                           Versus
               MANOJ KUMAR JIVABHAI PARMAR
==========================================================
Appearance:
MR PRAGNESHKUMAR B PATEL(11785) for the Applicant(s) No. 1
MR JIGAR L PATEL(11596) for the Applicant(s) No. 1
ROMESH C NIVEN(9064) for the Opponent(s) No. 1
==========================================================

 CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI

                           Date : 15/09/2023

                             ORAL ORDER

1. In this petition filed under section 24 of the Code of Civil Procedure, 1908, the petitioner has prayed to transfer Family Suit No.190 of 2022 pending before the learned Family Court, Nadiad to learned Family Court, Surat inter alia on the ground of convenience.

2. Facts of the case are as under :-

2.1. Marriage of the applicant with opponent took place on 23.01.2022 as per Hindu rites and rituals. After marriage applicant was subject to physical and mental cruelty by the opponent and her in laws. The applicant has initiated various including proceedings under Domestic Violence Act and under section 125 of the Cr.P.C. at Surat and same are pending at Surat. Thereafter, the opponent initiated proceedings under Hindu Marriage Act for divorce at Nadiad. The applicant is now

NEUTRAL CITATION

C/MCA/924/2023 ORDER DATED: 15/09/2023

undefined

residing with her parents at Surat and having no source of income. Therefore it very had to travel from Surat to Nadiad for attending Court proceedings.

3. In background of above facts, the respondent has filed Family Suit No.190 of 2022 under section 9 of the Hindu Marriage Act, 1955 for restitution of conjugal rights before the learned Family Court, Nadiad.

4. In view of above, the petitioner has approached this Court under section 24 of the Code of Civil Procedure seeking relief to transfer Family suit No.190 of 2022 from learned Family Court, Nadiad to learned Family Court, Surat inter-alia on the ground that she is facing difficulty to attend proceedings at Family Court, Gandhidham, as she has to travel from Suart to Nadiad.

5. Heard learned advocate Mr. Pragneshkumar Patel for the petitioner and learned advocate Mr.Romesh Niven for the opponent.

6. Learned advocate Mr. Romesh Niven pointing para 10,11 and 12 of the affidavit in reply would submit that the applicant is Homoeopathic Doctor and she used to travel either to Vadodara or Dahod. Therefore, there is no harm or inconvenience to travel to Nadiad. It is submitted that the petition is bereft of merits.

7. Pressing into service judgment in the case of Tejalben v/s. Mihirbhai Bharatbhai Kothari [AIR 2016 SC 718], it is sought to be submitted by learned advocate for the petitioner that the

NEUTRAL CITATION

C/MCA/924/2023 ORDER DATED: 15/09/2023

undefined

petitioner is lady living in Surat along her parents at parental home. It is also submitted that all other proceedings arising out of dispute between the parties are pending at different Courts at Surat but Family Suit is pending at Family Court, Nadiad.

8. Learned advocate for the petitioner would submit that Nadiad is far from Surat. On every date, the petitioner has to come from Surat to Nadiad, which is quite inconvenience for the petitioner to attend the proceedings every time. Therefore, he would submit that the petitioner is urging to transfer Family Suit only on the ground of inconvenience she is facing. Learned advocate for the petitioner would further submit that in case Family Suit is transferred from Family Court, Nadiad to Family Court, Surat, the petitioner shall not seek expenses for transportation she had borne for attending the proceedings. Upon such submissions, he requested to allow the petition.

9. In the case of Sumita Singh v/s. Kumar Sanjay [AIR 2002 SC 396], the Apex Court has observed that wife's inconveniency must be given due importance while deciding transfer petition. It is to be noted that power under section 24 of the CPC is discretionary power. The Court may or may not exercise discretion. However, when such discretion is to be exercised it must be guided by settled principle of law. To be noted that the petitioner has sought relief only on the ground of inconvenience. Fairness of judicial proceedings is not questioned. No allegations of bias in the proceedings is levelled against Judicial Officers. Thus convenience as stated earlier must be considered more particularly in background of the fact that travelling from Surat to Nadiad is quite difficult as both cities are far. It is difficult for

NEUTRAL CITATION

C/MCA/924/2023 ORDER DATED: 15/09/2023

undefined

the lady to attend proceedings at Family Court, Nadaid. Thus, inconvenience which is pinpointed in the petition can be visualized and could be given importance as well. It is also to be noted that other litigation arising out from the dispute is pending at various Court at Surat whereby, the respondent husband is regularly attending the proceedings.

10. In view of above peculiar facts and circumstances and for the foregoing reasons, this petition deserves consideration. Accordingly, the petition is allowed. Family Suit No.190 of 2022 pending at learned Family Court, Nadiad is hereby transferred to Family Court, Surat for disposal in accordance with law.

Direct service is permitted.

(J. C. DOSHI,J) SATISH